Funk v United Parcel Service, Inc.
Motion No: 2009-04908
Slip Opinion No: 2009 NY Slip Op 85524(U)
Decided on October 9, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M93010

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2009-04908

Patricia Funk, respondent, v United Parcel

Service, Inc., defendant third-party plaintiff-

respondent-appellant; Long Island 2 Day Walk

to Fight Breast Cancer, Inc., third-party

defendant-appellant-respondent.

(Index No. 14221-05)

DECISION & ORDER ON MOTION

Motion by Long Island 2 Day Walk to Fight Breast Cancer, Inc., to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Suffolk County, entered April 15, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

SKELOS, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court